FCA Expansion Fight May Land In High Court

Law360, New York (January 28, 2013, 8:35 PM EST) -- A recent Sixth Circuit ruling has deepened a circuit split over whether 2009 amendments to the False Claims Act that dramatically expanded the range of conduct targeted by the law can apply retroactively, setting the stage for a U.S. Supreme Court fight that could give new life to a number of the government's big-money cases.    

At stake are FCA lawsuits that would have been dismissed under a 2008 Supreme Court ruling that the FCA is not an all-purpose fraud statute. After the ruling, Congress quickly passed amendments expanding the types of fraud allegations covered by the FCA — and essentially undid...

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